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COM. v. BURNS

Record No. 900495.

395 S.E.2d 456 (1990)

COMMONWEALTH of Virginia v. Frances BURNS.

Supreme Court of Virginia.

July 30, 1990.

Attorney(s) appearing for the Case

Richard B. Smith, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on briefs), for appellant.

Melinda Douglas, Public Defender (Susan L. Korfanty, Deputy Public Defender, on brief), for appellee.

Present: All the Justices.

CARRICO, Chief Justice.

As pertinent here, Code § 18.2-255.2, the so-called "Drug-Free Zone Act," makes it a separate felony, with additional punishment, for any person to distribute cocaine upon public property within 1,000 feet of any elementary, middle, or high school. The question for decision is whether considerations of due process bar the application of Code § 18.2-255.2 to a sale of cocaine made within the prescribed distance when school is not in...

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